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Statute of Limitations › Fingerprints › Biometric Information

Statute of Limitations refers to a statute that sets the time period during which a legal claim can be brought. Most statute of limitations laws require individuals to sue at some point during a set period... more +
Statute of Limitations refers to a statute that sets the time period during which a legal claim can be brought. Most statute of limitations laws require individuals to sue at some point during a set period usually commencing from the date of the wrong or injury or the discovery of the wrong or injury. Except for under a limited set of circumstances, if an individual does not file a suit within the specified time period, the law bars them from ever suing on that claim. less -
ArentFox Schiff

Class Action Year in Review: Biometric Privacy

ArentFox Schiff on

2023 was another eventful year for class action litigation under the Illinois Biometric Information Privacy Act (BIPA). The Illinois Supreme Court issued two long-awaited decisions, holding that BIPA claims are subject to a...more

WilmerHale

Year In Review: 2023 BIPA Litigation Takeaways

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This post is part of a series of articles we are doing on 2023 data protection litigation trends. Since its enactment in 2008, Illinois’s Biometric Information Privacy Act (BIPA) has produced a wave of privacy-related...more

Constangy, Brooks, Smith & Prophete, LLP

Illinois Supreme Court clarifies Biometric Information Privacy Act

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The Illinois Biometric Information Privacy Act, enacted in 2008, was designed to provide individuals with control over their biometric information and to establish standards for collection. The Illinois Supreme Court has...more

Eversheds Sutherland (US) LLP

From bad to worse: Two Illinois Supreme Court decisions expand scope of potential damages under Biometric Information Privacy Act

Eversheds Sutherland (US) LLP on

For several years, companies that collect, use, and store the biometric information of Illinois residents have lived in fear of violating the Biometric Information Privacy Act (BIPA), due to a tidal wave of class action...more

ArentFox Schiff

Illinois Supreme Court Holds That Every Unlawful Biometric Scan or Transmission is Separate BIPA Claim

ArentFox Schiff on

A split Illinois Supreme Court issued on Friday another long-awaited decision interpreting the Illinois Biometric Information Privacy Act (BIPA), holding that a separate BIPA violation occurs with each undisclosed and...more

Foley & Lardner LLP

BIPA Alert: Potential Billion Dollar Exposure for Companies Operating in Illinois under New Illinois Biometric Data Rulings

Foley & Lardner LLP on

In just the last two weeks, the Illinois Supreme Court dealt two significant blows would be defendants (i.e., employers and consumer-facing companies) under Illinois’ exacting Biometric Information Protection Act (BIPA). The...more

WilmerHale

Illinois Supreme Court Finds 5-Year Limitations Period for Biometric Information Privacy Act Claims

WilmerHale on

On February 2, 2023, the Illinois Supreme Court held in a unanimous opinion that individuals have five years after an alleged violation to bring claims under the state’s Biometric Information Privacy Act (BIPA). This ruling...more

Sheppard Mullin Richter & Hampton LLP

Illinois High Court Allows Biometric Privacy Claims to Go Back Five Years

Sheppard Mullin Richter & Hampton LLP on

A plaintiff has her fingerprints forever. But she doesn’t have forever to file a lawsuit for improper retention, deletion, collection, or use of her fingerprints. For years, Illinois courts have been perplexed on what statute...more

Cozen O'Connor

Biometrics Update: Class Plaintiffs Have 5 Years to Bring Claims Under Illinois’s BIPA

Cozen O'Connor on

On February 2, 2023, the Supreme Court of Illinois ruled that the state’s Biometric Information Privacy Act (BIPA or the Act) is subject to a five-year “catch-all” statute of limitations. In so ruling, the court settled a...more

ArentFox Schiff

Illinois Supreme Court: All BIPA Claims Subject to Five-Year Statute of Limitations

ArentFox Schiff on

In a long-awaited development, on February 2, 2023, the Illinois Supreme Court held that all claims under the Illinois Biometric Information Privacy Act (BIPA) are subject to a five-year statute of limitations. In Tims v....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Illinois Supreme Court Rules Privacy Act Claims Have Five Year Statute of Limitations

Ogletree, Deakins, Nash, Smoak & Stewart,... on

On February 2, 2023, the Supreme Court of the State of Illinois ruled that all claims under Section 15 of the state’s Biometric Information Privacy Act (Privacy Act or BIPA) have a five year statute of limitations. The...more

BakerHostetler

Illinois Supreme Court: 5-Year Statute of Limitations for BIPA Claims

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Earlier today, the Illinois Supreme Court issued a decision in Tims v. Black Horse Carriers, Inc., 2023 IL 127801, in which the court held that a five-year statute of limitations applies to all claims arising under the...more

Hudson Cook, LLP

Time Is of the Essence: Hidden Time Limits in Statutory Requirements

Hudson Cook, LLP on

If a law requires you to do something, it's a good idea to assume that you don't have an unlimited amount of time to do it—after all, an obligation without a time limit isn't really an obligation. A well-written law will...more

King & Spalding

Seventh Circuit, Illinois Appellate Court Consider When BIPA Claims Accrue

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In a pair of decisions issued in late December, both the Illinois Appellate Court and the Seventh Circuit Court of Appeals considered whether claims brought under the Illinois Biometric Information Privacy Act (“BIPA”) accrue...more

UB Greensfelder LLP

Time After Time: Illinois Supreme Court Asked To Decide When Statute of Limitations Accrues for BIPA Violations

UB Greensfelder LLP on

The Illinois Biometric Information Privacy Act (BIPA 740 ILCS 14/1 et seq.) requires businesses to notify individuals before collecting their biometric identifiers such as fingerprints (click here to read our previous client...more

Faegre Drinker Biddle & Reath LLP

Illinois Appellate Court Specifies BIPA Accrual of Statute of Limitations

Faegre Drinker Biddle & Reath LLP on

On December 15, 2021, the First District of the Illinois Appellate Court decided a heavily litigated issue under the Illinois Biometric Information Privacy Act (BIPA): When does the statute of limitations to file suit under...more

Proskauer - Minding Your Business

Litigation Update on Illinois’ Biometric Information Privacy Act

Proskauer - Minding Your Business on

Earlier this year, we reported on the potential breeding ground for litigation under Illinois’ Biometric Information Privacy Act (“BIPA”).  A recent decision from an Illinois state appellate panel on the different limitations...more

Quarles & Brady LLP

Biometric Information Privacy Update: New Illinois Appellate Ruling Expands Temporal Recovery Period and Suggests Enhanced Damage...

Quarles & Brady LLP on

The Illinois First District Appellate Court threw employers a curveball when it recently held that different statutes of limitations apply to various sections of Illinois' Biometric Information Privacy Act, 740 ILCS §14/...more

Seyfarth Shaw LLP

The Illinois Appellate Court Issues Key Ruling On Statute Of Limitations In BIPA Class Actions

Seyfarth Shaw LLP on

Seyfarth Synopsis: On September 17, 2021, the Illinois Appellate Court issued its highly-anticipated decision in Tims v. Black Horse Carriers, Inc., 2021 IL App (1st) 200563 (1st Dist. Sept. 17, 2021), on whether a one-year...more

Fisher Phillips

The Illinois Biometric Landscape Gets Even Tougher For Employers

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The Illinois Biometric Information Privacy Act (BIPA) has proven to be a significant burden on Illinois employers, and a recent Illinois federal court decision may have made the legal landscape even more difficult. In Cothron...more

Holland & Knight LLP

BIPA Update: Class Actions on the Rise in Illinois Courts

Holland & Knight LLP on

• Cases brought under the Illinois Biometric Information Privacy Act (BIPA) continue to multiply. • Although BIPA was enacted in 2008, a decision by the Illinois Supreme Court in January 2019 held that an individual does...more

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